A. General Requirements: Prior to submitting any application to subdivide or develop any land which has been found by the city engineer or other appropriate agency to be unsuitable for subdivision or development due to flooding, poor drainage, steep slopes, rock formations or other features likely to be harmful to the safety and general welfare of the future residents or adjoining property owners or has been found to have a negative impact on the quality of Hayden Lake, the subdivider/developer shall submit to the city council an application demonstrating adequate methods for overcoming these conditions, approved by the city engineer, for approval by the city council.
B. Application: Submission of an application pursuant to this section shall be on a form prescribed by and filed with the city clerk. A fee for processing such applications, set by resolution of the city council, shall be paid at the time of filing. The application shall contain technical reports and other information sufficient to demonstrate that the standards for approval set forth in subsection C of this section have been or will be satisfied.
C. Standards For Approval: No application filed pursuant to this section shall be approved by the city council unless all of the following standards have been or will be satisfied:
1. Planning of development shall account for the topography, soils, geology, vegetation, outstanding features such as outcropping and cliffs, hydrology and other conditions existing on the proposed site.
2. Development shall be oriented on the site so that grading and other site preparations are kept to a minimum.
3. Essential grading shall be completed during site preparation, rather than left for future lot owners so that:
a. Shaping shall blend in with existing topography to minimize the necessity of padding or terracing of building sites; and
b. Building pads and terracing shall be graded to blend into the natural contours.
4. Paving shall be completed within sixty (60) days after final grading (final grading: any grading done after the placement of utilities).
5. Areas not well suited for development because of soil, geology, vegetation, or hydrology limitations shall be reserved for public or private open space.
6. Disruption of existing plant and animal life shall be minimized.
7. Innovative methods of slope and soil stabilization, grading, and landscaping are encouraged.
8. Multiple access points and street grades that meet requirements of the Northern Lakes fire district shall be provided.
9. If the project will feature public streets, pedestrian access to and through the project shall be provided.
10. Conformance bond and surety:
a. A bond and surety agreement or an irrevocable letter of credit in an amount of one hundred fifty percent (150%) of the cost estimated by the city engineer is required to enable restoration of the site if the project is not completed as approved. The bonding shall be provided prior to the issuance of a grading permit or signing of the final plat by the city engineer; and
b. A construction project schedule shall be submitted to the city engineer for approval and shall be periodically updated.
11. Prior to issuance of a grading permit, the owner and/or developer shall provide a legally binding easement allowing the city and/or its agents to enter upon the property to do work, as deemed necessary by the city engineer, to restore the site's appearance and drainage in case of noncompletion or substantial deviation from the approved plans of the project by the developer/owner.
12. All work must be performed in accordance with the latest approved contract plans and specifications. Work not in accordance may not be accepted. Revisions to the plans and specifications shall be submitted to the city engineer and code enforcement officer, allowing sufficient time for review, comment, revision and approval.
13. Vegetation should not be disturbed beyond the limits of the approved grading plan.
14. Topsoil removed during construction shall be conserved for later use on areas requiring revegetation or landscaping.
15. Topsoil shall be placed at a minimum thickness of four inches (4").
16. The minimum acceptable plant coverage is eighty percent (80%) two (2) years after planting.
17. Seed mix shall include deep rooted plants and subsequent planting of seedlings.
18. Erosion shall be controlled to prevent deposition of sediment on adjacent property and into Hayden Lake.
19. Interceptor ditches or other methods approved by the city engineer shall be established above all cut or fill slopes, and the intercepted water shall be conveyed to a stable channel with adequate capacity. Provision for ditch maintenance must be approved by the city.
20. Water on roadways may only flow off the roadway in conveyance conduits.
21. Natural stream channels shall be stabilized using a method acceptable to the city engineer.
22. Runoff from areas of concentrated impervious cover such as roofs, driveways, and roads shall be retained on site or collected and transported to a channel with sufficient capacity to accept the discharge without erosion or flooding. Provision should be made by the owner or developer for the cleaning of drainage facilities from the onset of construction through the completion of the project.
23. All other applicable regulations of the city and of other affected agencies have been or will be complied with.
Applicants may request a waiver of or variance from these standards by utilizing the same procedures and satisfying the same standards that are set forth in title 9, chapter 7 of this code.
D. Processing Procedure: The completed application and fees must be received by the city clerk no later than sixty (60) days prior to the date of a regular city council meeting where a public hearing regarding consideration of the application can be set. Acceptance or rejection of the application, and notification to the applicant, shall be made in writing to the applicant by the city clerk within thirty (30) days of submittal of the application. The city engineer shall, within thirty (30) days after the application has been deemed accepted, transmit copies of the application and the city engineer's recommendations to the city clerk with directions to set a public hearing thereon at the next available regular city council meeting.
E. Public Hearing, Decision And Reconsideration: After receiving a complete application including fees the city clerk shall set the time, place and date of the public hearing, shall publish notice thereof once in the official newspaper of the city at least fifteen (15) days before the hearing and shall notify by mail at least fifteen (15) days before the hearing all property owners or purchasers of record within three hundred feet (300') of the property's external boundaries. Said notice shall state the time and place of hearing, a brief description of the request and state that a copy of the application is on file with the city clerk for public inspection. The city council shall issue and provide to the applicant(s) a written decision on an application filed pursuant to this section no later than thirty (30) days after the public hearing regarding the same. Such decision shall be provided to the applicant(s) by personal delivery, regular mail or electronic means. When sent by electronic means, the applicant(s) shall be deemed to have received the decision on the date it was sent. When sent by regular mail, the applicant(s) shall be deemed to have received the decision three (3) days after the date of mailing. An applicant or affected person may seek reconsideration of the decision by filing a written request with the city clerk no later than fourteen (14) days after receiving the decision. Such request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified. A written decision on the request for reconsideration shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied.
F. Permit, Revocation, Duration And Extension: Upon approval of an application filed pursuant to this section, the city council shall issue a corresponding "unsuitable area development permit" which shall include as conditions thereof satisfaction of those standards set forth in subsection C of this section that have not been fulfilled at the time that the permit is issued. Failure to comply with any of the conditions shall, after notice and hearing as provided in subsection E of this section, be grounds for revocation of the permit. The applicant(s) shall be required to acknowledge such conditions by signing the permit. All conditions must be satisfied within twenty four (24) months of the date of issuance of the permit, unless a one year time extension is granted by the city council prior to the expiration of the permit. The city council shall establish fees for these extensions by resolution. (Ord. 261, 7-16-2013)